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(영문) 인천지방법원 2015.04.23 2015고단995
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 28, 2014, the Defendant was sentenced to one year of suspension of the execution of imprisonment for fraud at the Busan District Court for six months, and the above judgment was finalized on September 5, 2014. On November 26, 2014, the above judgment was finalized on December 3, 2014.

【Criminal Facts】

The Defendant did not have any particular property or income, and the Defendant’s personal obligation is equal to KRW 100 million, and the operation of the beauty room was not good at the time, and even if the Defendant borrowed money from the victims or received the payment from the victims, the Defendant was under the circumstance that he was required to pay the money borrowed from the victims as a collateral for the payment of the money, and thus, there was no intention or ability to receive the money or to repay the borrowed money even if he received the money from the victims.

1. The victim of the crime against the victim C is a person employed by the above Duntile room.

On January 31, 2011, the Defendant made a false statement to the victim that “if he/she lends money to the victim having any place of use, he/she will pay the money to him/her.” The Defendant received from the victim the total sum of KRW 2,700,000,000 from the Defendant to the national bank account (E) in the name of the Defendant’s bank account (E) on the pretext of the loan money.

2. Crimes against victim F;

A. On November 17, 2009, the Defendant, at the above Duntiltiltiltil November 17, 2009, received the victim the sum of KRW 4750,000 from the above Duntil November 17, 200, KRW 250,000,000 from the above Duntiltil he would have the victim join the 5 million number system in the name of the party and receive KRW 5,000,000,000 every month from the guidance wage from the victim, and then acquired it through the victim for 19 months from November 17, 2009 to May 17, 201.

B. The Defendant on October 17, 2010.

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